Public Prosecutor v. Ernst M and Hildegard S

Abstract

The individual in international law — In general — Human rights and freedoms — Whether right to freedom of movement includes freedom to leave one's own country — European Convention on Human Rights, 1950, Article 5 — The law of Austria

Treaties — Conclusion and operation of — Necessity for municipal legislation — European Convention on Human Rights, 1950 — Whether directly applicable under municipal law — Effect of attribution of constitutional rank to Convention — The law of Austria

Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Attempt to use forged passport to cross border of foreign State — Whether punishable in Austria — Whether municipal law protects right of foreign State to supervise border traffic — East German citizen attempting to flee to the West — Whether freedom of movement includes freedom to leave one’s own country — European Convention on Human Rights, 1950, Article 5 — Whether provisions of Convention directly applicable — The law of Austria